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Abandonment |
The right a marine assured has to abandon property in order to
establish a constructive total loss. An underwriter is not obliged to
accept abandonment, but if he does he accepts responsibility for the
property and liabilities attaching thereto, in addition to being liable
for the full sum insured. |
|
Ab Initio |
From the beginning. |
|
ABI - (Automated Broker Interface) |
A computer system that allows a Customs Broker to interface directly
with U.S. Customs' computer system. |
|
Abu Dhabi Fund for Arab Economic Development (ADFAED) |
ADFAED promotes economic and social development in African, Arab, and
Asian developing countries. The Fund, which was created in July 1971,
began operations in September 1974; headquarters are in Abu Dhabi, United
Arab Emirates. |
|
Absorption |
Absorption is investment and consumption purchases by households,
businesses, and governments, both domestic and imported. When absorption
exceeds production, the excess is the country's current account deficit. |
|
Acceptance |
This term has several related meanings: (1) A time draft (or bill of
exchange) that the drawee has accepted and is unconditionally obligated to
pay at maturity. The draft must be presented first for acceptance: the
drawee becomes the "acceptor": then for payment. The word
"accepted" and the date and place of payment must be written on
the face of the draft. (2) The drawee's act in receiving a draft and thus
entering into the obligation to pay its value at maturity. (3) Broadly
speaking, any agreement to purchase goods under specified terms. An
agreement to purchase goods at a stated price and under stated terms. |
|
Accession |
Accession is the process by which a country becomes a member of an
international agreement, such as the General Agreement on Tariffs and
Trade (GATT) or the European Community. Accession to the GATT involves
negotiations to determine the specific obligations a nonmember country
must undertake before it will be entitled to full GATT membership
benefits. |
|
Account Party |
The buyer under a letter of credit. The party ultimately responsible
for reimbursing the issuing bank for all payments extended on its behalf. |
|
Acknowledgement |
A form used by a vendor to advise a purchaser that his/her order has
been received, and usually to imply that it has been accepted. |
|
Acquisition |
Subject to national and local laws and regulations a company may acquire
and hold the shares of stock and other securities of one or more other
corporations and businesses. Acquired companies may continue operating as
independent organizations with their own names and personnel. |
|
Act of God |
An inevitable event occurring without the intervention of man, such as
flood, tempest, or death. operating in case of certain contracts, such as
those of insurers or carriers. |
|
Actual Container Gross Weight |
Total weight of a container, i.e. the weight of the payload plus empty
container weight, together with any loose internal fittings. |
|
Actual Pay Load |
The difference between the actual gross weight and the gross tare
weight of a container. |
|
Actual Total Loss |
This relates to an insurance policy and can occur in any of four ways:
1) The property is completely destroyed:
2) The owner is irretrievably deprived of the property:
3) Goods change their character to such a degree that they can be said to
be no longer the thing insured by the policy:
4) The subject matter of the insurance, be it ship or goods on board the
ship, is recorded as missing at Lloyd’s. |
|
Ad Valorem |
According to the value. An ad valorum stamp on deeds or documents is
one fixed in proportion to the amount of rent reserved or other element of
value expressed in the deed. |
|
Ad Valorem Equivalent |
AVE is the rate of duty which would have been required on dutiable
imports under that item, if the United States customs value of such
imports were based on the United States port of entry value. |
|
Additionality |
Clause in a countertrade contract prescribing that a primary supplier's
countertrade obligation can be
fulfilled only by incremental exports above achieved trade levels to
traditional markets, or by exports to new markets. |
|
Administrative Exception Notes |
CoCom controls exports at three levels, depending on the item and the
proposed destination. At the lowest level, "national discretion"
(also called "administrative exception"), a member nation may
approve the export on its own, but CoCom must be notified after the fact.
Administrative exception notes are appended to list categories to describe
commodities that can be approved solely at national discretion. |
|
Administrative Protective Order |
An Administrative Protective Order, APO, is used to protect proprietary
data that is obtained during an administrative proceeding. Within
Commerce, APO is most frequently used in connection with Antidumping and
Countervailing Duty investigations to prohibit opposing counsel from
releasing data. The term is also applied in connection with civil
enforcement of export control laws to protect against the disclosure of
sensitive national security information and information provided by
companies being investigated for violations. |
|
Administrative Review |
Each year, beginning on the anniversary of the date of publication of
an antidumping duty order, the Commerce Department's International Trade
Administration is required to review and determine the amount of any
antidumping duty, if an interested party requests such a review. The
results of this review are published in the Federal Register noting any
antidumping duty to be assessed, estimated duty to be deposited, or
suspended investigation to be resumed. |
|
Advance Against Documents |
A loan made on the security of the documents covering the shipment. |
|
Advance Freight |
Partial payment of the bill of lading freight in advance; in other
respects is the same as guaranteed freight. |
|
Advance Note |
A draft on a shipowner for wages, given to a seaman on signing Articles
of Agreement and redeemable after the ship has sailed with the seaman on
board. |
|
Advising Bank |
A bank, operating in the exporter's country, that handles letters of
credit for a foreign bank by notifying the export firm that the credit has
been opened in its favor. The advising bank fully informs the exporter of
the conditions of the letter of credit without necessarily bearing
responsibility for payment |
|
Advisory Capacity |
A term indicating that a shipper's agent or representative is not
empowered to make definitive decisions or adjustments without approval of
the group or individual represented. Compare Without Reserve. |
|
Affidavit |
A written declaration on oath. |
|
Affiliate |
An affiliate is a business enterprise located in one country which is
directly or indirectly owned or controlled by a person of another country
to the extent of 10 percent or more of its voting securities for an
incorporated business enterprise or an equivalent interest for an
unincorporated business enterprise, including a branch. For outward
investment, the affiliate is referred to as a "foreign
affiliate"; for inward investment, it is referred to as a "U.S.
affiliate." |
|
Affiliated Foreign Group |
An affiliated foreign group means (a) the foreign parent, (b) any
foreign person, proceeding up the foreign parent's ownership chain, which
owns more than 50 percent of the person below it up to and including that
person which is not owned more than 50 percent by another foreign person,
and (c) any foreign person, proceeding down the ownership chain(s) of each
of these members, which is owned more than 50 percent by the person above
it. |
|
Affreightment |
A contract to carry goods by ship. Charter-parties and Bills of Lading
are contracts of affreightment. |
|
Africa Enterprise Fund |
The AEF, operating under the International Finance Corporation, began
operations in late 1989. The Fund assists small and medium-size
enterprises in sub-Saharan Africa, supports investment projects, and
promotes development of private enterprises in Africa to stimulate
economic growth and productive employment. |
|
African Export-Import Bank |
AFREXIMBANK offers short-term export trade financing to African
exporters aimed at enhancing intra-African trade and Africa's exports.
Agreement to create the bank was based on a January 1993 agreement reached
in Cairo, Egypt among African governments, central banks, regional and
sub-regional financial institutions and other organizations. Bank
headquarters are located in Cairo, Egypt. |
|
After Sight |
When a draft bears this phrase, the time begins to run from its
acceptance date. |
|
Agency for International Development |
AID was created in 1961 to administer foreign economic assistance
programs of the U.S. Government. AID has field missions and
representatives in approximately 70 developing countries in Africa, Latin
America, the Caribbean, and the Near East. |
|
Agent |
A representative in a foreign market who attempts to sell your good or
service through his or her network. Agents may be exclusive or represent
many companies. They usually do not take responsibility for delivery or
servicing of your product and are paid on a commission basis. Also see
Foreign Sales Agent. |
|
Agent/Distributor Service |
The Agent/Distributor Service, ADS, is an International Trade
Administration (ITA) fee-based service that locates foreign import agents
and distributors. ADS provides a custom search overseas for interested and
qualified foreign representatives on behalf of a U.S. exporter. Officers
abroad conduct the search and prepare a report identifying up to six
foreign prospects that have examined the U.S. firm's product literature
and have expressed interest in representing the U.S. firm's products. |
|
Agio |
Premium received by a broker from an exporter for assuming the
exporter's countertrade obligations. The commission paid to the broker
represents a disagio for the exporter. |
|
AGR Imports |
American goods returned. |
|
Aide-Mémoire |
A short written summary of oral remarks made to a foreign government
representative and left with that individual. |
|
Air Waybill |
A bill of lading that covers both domestic and international flights
transporting goods to a specified destination. This is a nonnegotiable
instrument of air transport that serves as a receipt for the shipper,
indicating that the carrier has accepted the goods listed and obligates
itself to carry the consignment to the airport of destination according to
specified conditions. Compare Inland Bill of Lading, Ocean Bill of Lading,
and Through Bill of Lading. |
|
Aktiengesellschaft (AG) |
AG (German, meaning: "stock company") is a corporation with a
separate legal personality which must have at least five partners. The
firm name usually reflects the activities of the company and must include
"AG." |
|
All Containership |
Vessel designed to carry containers only and no other cargo. (see
Cellular Vessel) |
|
All-in |
A freight quotation including all charges, often in one lump sum rather
than broken down. |
|
All Risks |
An insurance term which means that the policy covers the insured
property for loss caused by any fortuity. The policy does not cover
inevitable loss. |
|
All Risk Clause |
An insurance provision that provides additional coverage to an Open
Cargo Policy, usually for an additional premium. Contrary to its name, the
clause does not protect against all risks. The more common perils it does
cover are theft, pilferage, non-delivery, fresh water damage, contact with
other cargo, breakage, and leakage. Inherent vice, loss of market, and
losses caused by delay are not covered. |
|
Alongside |
The side of a ship. Goods to be delivered "alongside" are to
be placed on the dock or barge within reach of the transport ship's tackle
so that they can be loaded aboard the ship. |
|
Ambient Temperature |
The temperature of a substance surrounding a body. Thus the ambient
temperature of a container would be the temperature of the air to which it
is exposed outside. |
|
Amendment |
A proposed change to a letter of credit. |
|
American Depositary Receipts (ADRs) |
ADRs are negotiable receipts for the securities of a foreign company
that are kept in the vaults of an American bank, allowing Americans to
trade the foreign securities in the United States while accruing any
dividends and capital gains. |
|
American Traders Index |
The American Traders Index, ATI, is the U.S. and Foreign Commercial
Service headquarters compilation of individual US&FCS domestic client
files, for use by overseas posts to generate mailing lists. |
|
And Arrival |
A term relating to return of premiums on a hull policy. The ship must
be safe at expiry of the policy: otherwise no return of premium will be
paid. |
|
Annual Return |
This is a document, required by the government of many countries,
providing certain details about the company. It often includes details of
members, directors, the address of the company and sometimes some
financial information. |
|
Anticipatory Countertrade |
Advance purchases of goods and services from a customer's country that
a supplier undertakes, or causes, in expectation of a future sale linked
to countertrade requirements. Such proactive purchases may not receive
countertrade credit at the time of the export sale unless prior approval
by the host country authorities is secured, tying the two import/export
transactions. |
|
Antidiversion Clause |
See Destination control statement. |
|
Antidumping |
Antidumping, as a reference to the system of laws to remedy dumping, is
defined as a converse of dumping. |
|
Antidumping/Countervailing Duty System |
The Antidumping/Countervailing Duty System, a part of Customs'
Automated Commercial System, contains a case reference database and a
statistical reporting system to capture data for International Trade
Commission reports on antidumping and countervailing duties assessed and
paid. |
|
Antidumping Duty |
A duty assessed on imported merchandise that is subject to an
antidumping duty order. The antidumping duty is assessed on an
entry-by-entry basis in an amount equal to the difference between the
United States price of that entry and the foreign market value of such or
similar merchandise at the time the merchandise was sold to the United
States. |
|
Antidumping Petition |
A petition filed on behalf of an affected United States industry,
alleging that foreign merchandise is being sold in the United States at
"less than fair value" and that such sales are causing or
threatening material injury to, or materially retarding the establishment
of a United States industry. Commerce regulations (19 CFR 353) and
International Trade Commission regulations (19CFR 207) specify the
information a petition should contain. |
|
Antitrust Law |
Any law that encourages competition by limiting unfair business
practices and curbing monopolies' power. |
|
Arbitrage |
The process of buying foreign exchange, stocks, bonds, and other
commodities in one market and immediately selling them in another market
at higher prices. |
|
Arbitration |
The submitting of matters of controversy to judgment by persons
selected by all parties to the dispute. |
|
Arrest |
The detention of a vessel until the purpose of the arrest has been
fulfilled. |
|
ASEAN Free Trade Area |
The Association of Southeast Asian Nations (ASEAN) agreed in January
1992 to create a free trade area (ASEAN Free Trade Area, or AFTA) with use
of a common effective preferential tariff. Under the agreement ASEAN
members will cut tariff rates within 15 years of its start date of January
1994.
Manufactured goods from 15 sectors designated as "fast track"
are subject to tariff reduction to 0-5 percent within 10 years, and seven
years if the starting rates were already below 20 percent. "Fast
track" sectors include vegetable oils, cement, chemicals,
pharmaceuticals, fertilizer, plastics, rubber products, leather products,
pulp, textiles, ceramic and glass products, gems and jewelry, copper
cathodes, electronics, and wooden and tartan furniture. |
|
Asian Development Bank |
The ADB helps finance economic development in developing countries in
the Asian and Pacific area through the provision of loans on near-market
terms, with its Ordinary Capital Resources (OCR), and on concessional
terms, through the Asian Development Fund (ADF). The ADB was established
in 1965 (began operating in December 1966); headquarters are in Manila,
Philippines. |
|
Asian Dollars |
U.S. dollars deposited in Asia and the Pacific Basin. Compare
Eurodollars. |
|
Assessment |
The imposition of antidumping duties on imported merchandise. |
|
Assessor |
A person who officially estimates the value of goods for the purpose of
apportioning the sum payable in the settlement of claims. |
|
Assignment |
The documentary transfer of title to the contents of a container when
signed over to an interested party. |
|
Associate |
One associated with another in an undertaking; closely or usually
connected with another party or organization with common interests, as if
a partner. |
|
Association |
Articles and Memorandum of Association. In common law jurisdictions
these two documents comprise the constitution of a company and govern the
powers of the company to trade, issue shares, and borrow money as well as
defining the relationships between the shareholders, directors and the
officers of the company. |
|
ASWP |
Any Safe World Port |
|
Audit |
Auditing is the examination of the accounts books and records of a
company by an independent person with a view to that person expressing an
opinion on the accounts presented by the company. It is a legal
requirement in many countries, although the scope of the audit is often
reduced for smaller companies. |
|
Australian Zone Charge (AZC) |
This is that portion of the Through Service that applies to the Land
leg delivery in Australia. Either in the collection of goods for export,
or the delivery of goods that have been imported.
Partial loss of the whole adventure deliberately made to prevent total
loss of the whole adventure. It may be sacrifice of property or
expenditure incurred to save the adventure. Parties who benefit from a
general average loss are required to make good that loss by contributing
in the proportion that the saved value of the party’s property bears to
the saved value of all interest involved in the adventure. |
|
Authority to Pay |
A document comparable to a revocable letter of credit but under whose
terms the authority to pay the seller stems from the buyer rather
than from a bank. |
|
Automated Clearinghouse ACH) |
The Automated Clearinghouse (ACH) is a feature of the Automated Broker
Interface that is a part of Customs' Automated Commercial System. The ACH
combines elements of bank lock box arrangements with electronic funds
transfer services to replace cash or check for payment of estimated
duties, taxes, and fees on imported merchandise. |
|
Automated Commercial System (ACS) |
The Customs Service's Automated Commercial System, ACS, is a joint
public-private sector computerized data processing and telecommunications
system linking customhouses, members of the import trade community, and
other government agencies with the Customs computer. |
|
Automated Trade Locator Assistance Network (ATLAS) |
ATLAS is a Small Business Administration-sponsored,
contractor-operated, automated system that provides market research
information and statistics on world markets by SIC code (and possibly
harmonized system). Indirect access is available for businesses, with
arrangements through the local SBA district office. ATLAS, which became
operational in Spring 1993, replaced SBA's export information system
(XIS). |
|
Average |
Any loss or damage due to insured perils that is less than a total
loss. Two types of average occur: Particular Average and General Average. |
|
Average (Particular) |
A fortuitous partial loss of insured property proximately caused by an
insured peril, but which is not a general average loss. |
|
Average Adjuster |
A person appointed by a shipowner to collect data, guarantees, etc., in
relation to general average, and to calculate contributions due from the
parties concerned to make good general average losses. The adjuster may
also adjust claims on hull insurance policies on behalf of underwriters. |
|
Average Bond |
An agreement signed by all interested parties acknowledging their
liability to pay a share of the loss under General Average. |
|
Average Disbursements |
Expenditure incurred by the shipowner in connection with a general
average act or an act of salvage. Such expenditure, when properly
incurred, is re-coverable from the G.A. or salvage fund created by the
average adjuster, not from hull underwriters. |
|
Avoidance |
The right of an underwriter to avoid a contract of marine insurance.
This can occur in the event of a breach of good faith by the assured or by
his broker or, in the case of a voyage policy, where the voyage does not
commence within a reasonable time after acceptance of the risk by the
underwriter. |
|
Award |
The decision given by an arbitrator, to whom a matter in dispute has
been referred. An arbitrator states only the effect of his decision,
without reasons thus differing from a judge, who usually states the
grounds of his judgment. |